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84-1204_CC_Minutes_Regular Meeting3'71 DECEMBER 4, 1984 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Hausdorfer at 7:06 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Roger Boatman, Community Christian Church. ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor Phillip R. Schwartze, Mayor pro tem Anthony L. Bland, Councilman Lawrence F. Buchheim, Councilman Kenneth E. Friess, Councilman ABSENT: None STAFF PRESENT: Stephen B. Julian, City Manager; Mary Ann Hanover, City Clerk; John R. Shaw, City Attorney; Robert G. Boone, Director of Administrative Services; William D. Murphy, Director of Public Works; Thomas G. Merrell, Director of Community Planning and Development; Cheryl Johnson, Recording Secretary. MTNTTTES Regular Meeting of November 20, 1984: It was moved by Councilman Buchheim, seconded by Councilman Friess, that the Minutes of the Regular Meeting of November 20, 1984, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, and Mayor Hausdorfer NOES: None ABSTAIN: Councilmen Bland and Schwartze ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: None _1_ 12/4/84 PRESENTATIONS AND COMMENDATIONS WELCOME TO MEMBERS OF BOY SCOUT TROOP 702 (36) Mayor Hausdorfer introduced three Boy Scouts from Troop 702, Matt Dickey, David Sims, and Eric Paegle, who were present as a requirement for earning their Government Badge. The Mayor thanked them for their work in the community. 1. RESOLUTION OF COMMENDATION - JOHN CRAIN, CAPISTRANO UNIFIED (78) Written Communications: (36) Report dated December 4, 1984, from the Senior Administrative Assistant, forwarding a Resolution commending John R. Crain, upon his retirement after 32 years in the Capistrano Unified School District. Mr. Crain's career included service as a teacher, principal , and district administrator in San Clemente, Capistrano Beach, and most recently in San Juan Capistrano as principal of San Juan Elementary School. Adoption of Resolution: It was moved by Councilman Friess, seconded by Councilman Bland, and unanimously carried that the following Resolution be adopted. RESOLUTION NO. 84-12-4-1, COMMENDING JOHN R. CRAIN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING JOHN R. CRAIN, RETIRING CAPISTRANO UNIFIED SCHOOL DISTRICT ADMINISTRATOR The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: None Councilman Friess will present the Resolution to Mr. Crain at his retirement dinner. 2. RESOLUTION OF COMMENDATION - DR. NORMAN NEUERBERG, HISPANIC DECORATIVE ARTS EXHIBIT (52) Written Communications: (36) Report dated December 4, 1984, from the Senior Administrative Assistant, forwarding a Resolution honoring Dr. Norman Neuerberg for sharing his artifacts and his expertise as curator for the Hispanic Decorative Arts Exhibit on display at the San Juan Capistrano Library La Sala during July and August of 1984. -2- 12/4/84 3'73 Adoption of Resolution: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the following Resolution be adopted: RESOLUTION NO. 84-12-4-2, HONORING DR. NORMAN NEUERBERG - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, HONORING DR. NORMAN NEUERBERG The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: None 3. RESOLUTION OF COMMENDATION - HARRY BENSON, PHOTOJOURNALISM (52) Written Communications: (36) Report dated December 4, 1984, from the Senior Administrative Assistant, forwarding a Resolution honoring Harry Benson, a world famous photojournalist, for sharing his photographs during an exhibit held in the San Juan Capistrano Library La Sala during March and April, 1984. Adoption of Resolution: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the following Resolution be adopted: RESOLUTION NO. 84-12-4-3, HONORING HARRY BENSON - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, HONORING HARRY BENSON The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: None INTRODUCTION OF LIEUTENANTS - ORANGE COUNTY SHERIFF'S DEPARTMENT (70) Captain Vito Ferlauto, Orange County Sheriff's Department, introduced Lt. Bobby Rivas and Lt. John Hewitt, who have been assigned to the Southern County Substation on a permanent basis. Lt. Rivas will be in charge of the Investigative Unit, and Lt. Hewitt will be in charge of Patrol Operations. Captain Ferlauto further advised he will be out of town from January through March and Lt. Hewitt will be in charge. -3- 12/4/84 F--- -- --- -- 3 74 CONSENT CALENDAR It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (41) The List of Demands dated December 4, 1984, Warrant Register No. 85-061, in the total amount of $177,324.85, was approved as submitted. 2. CITY TREASURER'S REPORT OF FUND CASH BALANCES (41) The City Treasurer's Report of Fund Cash Balances as of September 30, 1984, in the total amount of $17,709.37, was approved as submitted. 3. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (62) The Report dated December 4, 1984, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of November 19, 1984, was ordered received and filed. 4. (38) As set forth in the report dated December 4, 1984, from the (74) City Attorney, the Assumption Agreement between the City and the current property owners, Gorden D. and Fumiko Bundy, Carnegie Construction Company, Camino de Anza Associates, and Nichols Capistrano Associates, was approved. The agreement will run with the land and provides for landscape maintenance of the parkway at the business park on Camino Capistrano adjacent to Interstate 5. The business park was developed by B. H. Miller Construction Company and was approved as Division of Land 77-4. 5. AUTHORIZATION FOR GRANT APPLICATION SENATE BILL 344 (VEREDA DTVDGTTVI (41) As set forth in the report dated December 4, 1984, from the (62) Senior Administrative Assistant, staff was authorized to apply for Senate Bill 244 grant funds for construction of a portion of the Vereda Bikeway which traverses Cook Park from La Novia Avenue to the playing fields. The project cost -4- 12/4/84 3'75 was estimated at $71,000; a 10% match would be required if the grant is obtained. CLOSED SESSION Council recessed to a Closed Session at 7:15 p.m., the City Clerk being excused therefrom, for discussion of legal matters regarding the Amendments to the Non -Exclusive Franchise Agreement for Times Mirror Cable Television. Council reconvened at 7:28 p.m. These items were continued from the meeting of November 20, 1984, and were taken out of order on the Agenda for the benefit of persons in the audience. (72) Receipt of Petitions/Letter Mayor Hausdorfer acknowledged receipt of petitions with approximately 155 signatures dated November 19, 1984, in opposition to the Hearing Officer Procedure and receipt of a letter dated November 29, 1984, from Art McConnell, addressed to the Mayor with copies to Council. (23) Written Communications: (1) Report dated December 4, 1984, from the City Clerk, advising that the Ordinance was introduced at the City Council meeting of November 6, 1984, and was scheduled for adoption. (2) Report dated November 20, 1984, and resubmitted December 4, 1984, from the City Attorney, forwarding a Resolution establishing administrative procedures for the Hearing Officer in review of rent increases in mobile home parks. The City Attorney made an oral report, advising that the amendments were designed to add to and improve upon due process protections to both tenants and landlords and to make procedural changes to insulate rent control decisions from later legal action; that the overall intent was to improve the system. He advised that the Hearing Officer procedure was recommended because current State law requires that "quasi-judicial actions" of local agencies meet strict mandates dealing with such things as the conduct of the hearing, taking of testimony, marking of evidence, and preparation of written, analytical, and detailed findings. Mr. Shaw described the proposed process, emphasizing that the Hearing Officer would not make binding decisions, but would make recommendations to the Mobile Home Park Review Committee. -5- 12/4/84 F- 7 6 The following persons addressed Council in opposition to the proposed Hearing Officer Procedure: (1) Mary Rose Winkler, 32802 Valle Road, Space 111; (2) Tom Weise, 32802 Valle Road, Space 41; and, (3) Edwin Clark, 32302 Alipaz Street, Space 267. Council concurred in their support of the procedure, stating it was in the best interests of the City as a whole and would provide protection for mobile home park residents, owners, and the rent control ordinance itself; further, that the Hearing Officer and the Mobile Home Park Review Committee were responsible for making recommendations only and that Council would continue to make the final decisions. Adoption of Ordinance: The City Attorney read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Councilman Schwartze, seconded by Councilman Friess, that the following Ordinance be adopted: ORDINANCE NO. 526, MOBILE HOME PARK RENT INCREASES - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 2-2.903(c) AND 2-2.905 OF THE MUNICIPAL CODE BY PROVIDING FOR A HEARING OFFICER PROCEDURE IN REVIEW OF MOBILE HOME PARK RENT INCREASES The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: None Adoption of Resolution: It was moved by Councilman Schwartze, seconded by Councilman Friess, that the following Resolution be adopted: 84-12-4-4. HEARING OFFICER PROCEDURE - munlLr. numz YAAA AGN"1' A AmouLu"1'luLN ur 'j nz CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A HEARING OFFICER PROCEDURE PURSUANT TO SECTION 2-2.905(a) OF TITLE 2, CHAPTER 2, ARTICLE 3 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE -6- 12/4/84 The motion carried by the following vote: AYES: NOES: ABSENT: PUBLIC HEARINGS 1. AMENDMENTS 7 Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer None None NON-EXCLUSIVE FRANCHISE AGREEMENT I 3'7'7 (43) This Hearing was continued from the meeting of November 20, 1984. Proposal: Amendments to the Times Mirror Franchise pursuant to a settlement reached in the suit against the City stemming from application of the City's "Rules and Regulations Governing Additions to Designated Service Areas" and subsequent award of two Wilshire Diversified tracts to Storer Cable Television. Applicant: This was a City -initiated Hearing. Written Communications: (1) Report dated December 4, 1984, from the Director of Administrative Services, forwarding an Ordinance which amends the Times Mirror Franchise and repeals Ordinance No. 389. The report advised that the Ad Hoc Cable Television Committee reviewed the amendments and recommended adoption of the Ordinance. (2) Two-page report received December 4, 1984, forwarding additional information regarding the amendments to Ordinance No. 149. The report set forth differences between Storer Cable TV and Times Mirror Cable TV regulations upon adoption of the amendments. Exhibits were on display and the Director of Administrative Services made an oral report summarizing events leading to an injunction filed against the City over the Rules and Regulations on additions and deletions to designated service areas and subsequent Settlement Agreement. He advised that the Settlement Agreement contained a repeal of the Resolution setting forth the Rules and Regulations for designated service areas and amendments to the Times Mirror Ordinance No. 149, which were attached as Exhibit "B"; further, that on Page 3, Section 4, an addition had been made that concurrently with execution of Settlement Agreement, the parties, through their attorneys, were to -7- 12/4/84 execute a Stipulation for Order Dissolving Preliminary Injunction and for Return of Undertaking, which was included as Exhibit "A". Mr. Boone further cited three revisions to be incorporated into the Ordinance: (1) Page 55, Section 4, Line 7, to delete reference to Storer Cable TV and replace with "Grantee;" (2) Page 54, Section 44, Line 15, to add language that "nor have waived any rights thereunder;" and, (3) Page 7, Line 21, to provide for a map of the Times Mirror designated area. He recommended that the Mayor and City Clerk be authorized to execute the Settlement Agreement; that the Stipulation Order be approved and the City's attorneys, Rutan & Tucker, be authorized to execute the Order; that the Resolution repealing the Rules and Regulations regarding designated services areas be adopted; and, that the Ordinance amending the Times Mirror Non -Exclusive Franchise be introduced. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing and, there being no response, closed the Hearing with the right to re -open at any time. Approval of Settlement Agreement and Stipulation Order It was moved by Councilman Buchheim, seconded by Councilman Schwartze, and unanimously carried to approve the Mutual Settlement and Release Agreement between Times Mirror Cable Television and the City, and to authorize the Mayor and City Clerk to execute the Agreement on behalf of the City; as part of the settlement, representatives of Rutan and Tucker were authorized to execute the Stipulation Order. Repeal of Rules and Regulations/Designated Service Areas: It was moved by Councilman Friess, seconded by Councilman Buchheim, that the following Resolution be adopted: JUAN CAPISTRANO, CALIFORNIA, REPEALING RESOLUTION NO. 83-7-19-3 - RULES AND REGULATIONS FOR THE SELECTION OF FRANCHISEE TO SERVE DESIGNATED SERVICE AREAS FOR CABLE TELEVISION The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: None UM 12/4/84 379 Amendments to Ordinance: It was moved by Councilman Buchheim, seconded by Councilman Bland, and unanimously carried to approve the amendments to the Ordinance relating to the non-exclusive franchise of Times Mirror as noted by the Director of Administrative Services. Introduction of Ordinance: The City Attorney read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Councilman Schwartze, seconded by Councilman Bland, that the following Ordinance be introduced: ORDINANCE NO. 528, NON-EXCLUSIVE FRANCHISE (T MIRROR CABLE TELEVISION) - AN ORDINANCE OF TH SAN JUAN CAPISTRANO, CALIFORNIA, RELATING TO NON-EXCLUSIVE FRANCHISE OF TIMES MIRROR CABL TELEVISION AND AMENDING ORDINANCE NO. 149 AND ORDINANCE NO. 389 The motion carried by the following vote: IMES E CITY OF THE E REPEALING AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: None 2. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - SECONDARY DWELLING UNITS ON SINGLE-FAMILY LOTS (55) Proposal: Consideration of an amendment to Title 9 of the Municipal Code to regulate the creation of secondary dwelling units and other accessory structures to conform to recent State legislation. The amendment would allow secondary units as accessory to a single-family detached dwelling only if a Conditional Use Permit were approved by the Planning Commission; secondary units would not be allowed as accessory to attached principal dwellings. The secondary unit may be either attached or detached, but must contain sleeping quarters, bathroom, and kitchen facilities; shall be a minimum of 300 square feet and a maximum of 4,000 square feet in gross floor area; must meet the same setback requirements as the principal dwelling, with an exception for units 450 square feet; and, must have available one independently -usable, covered off-street parking space. Ownership is to remain in common with that of the principal dwelling. Applicant: This was a City -initiated Hearing. -9- 12/4/84 Written Communications: Report dated December 4, 1984, from the Director of Community Planning and Development, forwarding background information and the recommendation of approval from the Planning Commission. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing and, there being no response, closed the Hearing with the right to re -open at any time. Structures: The City Attorney read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the following Ordinance be introduced: NO. 529, AMENDMENT TO TITLE SECTION 9-3.607 OF THE MUNICIPAL CODE ACCESSORY USES AND STRUCTURES The motion carried by the following vote: 9 OF THE MUNICIPAL - AN ORDINANCE OF FORNIA, AMENDING RELATING TO AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: None 3. GENERAL PLAN AMENDMENT 84-2 - HOUSING ELEMENT REVISION (46) Proposal: Consideration of amendments to the General Plan Housing Element in accordance with State law. The amendment was initiated by Council on April 17, 1984; in September, the State's written comments were received by the City. The Revised Housing Element makes no fundamental changes to the existing practices but differs by including analyses of the removal of government constraints and of equal housing opportunity. It incorporates the most recent census information, and summarizes achievements of the present Housing Element. Applicant: This was a City -initiated Hearing. Written Communications: Report dated December 4, 1984, from the Director of Community Planning and Development, forwarding a -10- 12/4/84 381 recommendation of approval from the Planning Commission. The report advised that the revision was completed with the assistance of a consultant, Ralph Castaneda, in the total amount of $4,000, which was charged to Account No. 01-4310-213, Patricia Wilcox, Assistant Planner, made an oral report and advised that Ralph Castaneda was present to answer questions. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing and, there being no response, closed the Hearing with the right to re -open at any time. Approval of Revised Housing Element: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the following Resolution be adopted: RESOLUTION NO. 84-12-4-6, GENERAL PLAN AMENDMENT 84-2 HOUSING ELEMENT REVISION) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT 84-2 (REVISED HOUSING ELEMENT) The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: None 4. EXTENSION OF TIME - TENTATIVE TRACT 11587 (AROSA) (85)Proposal: Consideration of a request for an extension of time for Tentative Tract 11587, a subdivision of approximately 9.8 acres located on the north side of Camino Las Ramblas between the future extension of Via California and Via de Agua. The tract was approved by Council on November 3, 1981, and had received one-year extensions of time on December 14, 1982, and on October 25, 1983. Applicant: J. I. Kocmur, President, Arosa Inc., 4000 MacArthur Boulevard, 92660. Development and Management, Suite 790, Newport Beach, -11- 12/4/84 Written Communications: Report dated December 4, 1984, from the Director of Community Planning and Development, forwarding a Resolution approving the time extension subject to previous conditions, two of which were modified to require an arborculturalist report and to delete the reference to 1985 phasing for the traffic signal at Camino Las Ramblas at Valle Road (extended). Tom Tomlinson, Senior Planner, made an oral report, noting a correction to Condition No. 1 to delete further extensions. Mayor Hausdorfer noted that this would be the last extension available for the tract; further, that he had responded to a letter of concern from Mr. Buell, a homeowner in the area. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing and, there being no response, closed the Hearing with the right to re -open at any time. Approval of Tentative Tract 11587/Time Extension: It was moved by Councilman Schwartze, seconded by Councilman Friess, that the following Resolution be adopted as amended: RESOLUTION NO. 84-12-4-7, TENTATIVE TRACT MAP 11587 (AROSA) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 11587 AND RESCINDING RESOLUTION NO. 81-11-3-2 (AROSA) The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: None 5. TENTATIVE TRACT 12276 (BRINDERSON/LYON) (85) Proposal: Consideration of a request to convert a previously -approved 274 -unit apartment complex at the corner of Camino Las Ramblas and the I-5 freeway to condominiums. The request was made because bond financing was obtained for the project and presence of a tract map would maximize the loan amount obtainable through bond financing proceeds; Citicorp Real Estate, the lender, required recordation of a tract map. Bond financing for the project carries restrictions against converting the apartments to condominiums for a period of not less than 12 years; otherwise, the project would lose its tax-exempt status. The project contains 19.2 acres located on the north side of Camino Las Ramblas, west of the -12- 12/4/84 383 future extension of Via California. Adjacent uses include a proposed 283 -unit condominium project to the north; Camino Las Ramblas and a 40 -unit condominium project known as the Cancun Racquet Club to the south; the I-5 freeway to the west; and a proposed 32 -unit condominium project, 4 -acre public park, and 1 -acre office building to the east. The present zoning is PD (Planned Development) District. Applicant: The William Lyon Company/WLBD (San Juan Capistrano) Associates, 19 Corporate Plaza, Newport Beach, 92660. Written Communications: Report dated December 4, 1984, from the Director of Community Planning and Development, forwarding background information and a recommendation of approval from the Planning Commission. Exhibits were on display and Tom Tomlinson, Senior Planner, made an oral report, noting that the request was made to provide favorable financing and approval was conditioned upon the project remaining under one ownership for 12 years from the date that the bonds are financed. The Resolution provides that the property owner enter into an agreement with the Community Redevelopment Agency to ensure that units are not converted to condominiums prior to the 12 -year limitation date. Councilman Bland stated concerns regarding the possibility of converting the project to condominiums and recommended that written documents be made part of the permanent records indicating the type of financing and subsequent requirements. He was advised that the documents would be requested and would also be incorporated into the Community Redevelopment Agency agreement. Approval of Tentative Tract 12276: It was moved by Councilman Schwartze, seconded by Councilman Friess, that the following Resolution be adopted: RESOLUTION NO. 84-12-4-8 12276 (WLBD - SAN JUAN CAPISTRANO ASSUCIATBb) - A I-EOULUTIUN U CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 12276 The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: None -13- 12/4/84 - - 3840 1 diNANCES 1. ADOPTION OF ORDINANCE NO. 527 - REZONE 84-6 CARETAKER'S UNITS AS ANCILLARY TO PERMITTED COMMERCIAL USE (95) Written Communications: Report dated December 4, 1984, from the City Clerk, advising that the Ordinance was introduced at the meeting of November 20, 1984, and was scheduled for adoption. Adoption of Ordinance: The City Attorney read order. Further reading earlier in the meeting. seconded by Councilman Ordinance be adopted: the title of the Ordinance next in of all Ordinances had been waived It was moved by Councilman Friess, Schwartze. that the followina ORDINANCE NO. 527, REZONE 84-6 (ORTEGA PROPERTIES) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY AMENDING ORDINANCE NO. 379 BY ADDING SUBSECTION "E" TO PRINCIPAL USES PERMITTED IN PLANNING SECTOR A-1 (CARETAKER'S UNITS AS ANCILLARY TO A PERMITTED COMMERCIAL USE) The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: None RESOLUTIONS 1. ARTERIAL HIGHWAY F (44) Written Communications: Report dated December 4, 1984, from the Director of Public Works, forwarding a Resolution requesting inclusion of the construction portion of the Del Obispo/Camino Del Avion Traffic Safety Project in the 1985-86 Arterial Highway Financing Program. The project was scheduled for multi-year implementation with design occurring in 1983-84; right-of-way acquisition in 1984-85; and, construction in 1985-86'. The project includes widening of the southeast corner of the intersection to arterial standards and construction of sidewalks to provide an improved safe route to school. The estimated cost is $416,000; the County's portion of $190,500, and the City's share is $225,500, which includes funds for landscaping/irrigation which are not reimbursable items under County AHFP guidelines. -14- 12/4/84 Approval of Arterial Highway Financing Program Submittal: It was moved by Councilman Buchheim, seconded by Councilman Friess, that the following Resolution be adopted: RESOLUTION NO. 84-12-4-9, ARTERIAL HIGHWAY FINANCING PROGRAM SUBMITTAL, 17257-tlb - ULi+ UD1JrV Jtnnni, .a-+.•ii...i DEL AVION CONSTRUCTION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE IMPROVEMENT OF DEL OBISPO STREET AND CAMINO DEL AVION The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: None The City Clerk was directed to forward a certified copy of the Resolution to the County of Orange. BIDS, CONTRACTS, AGREEMENTS 1. VIA SONORA/PASEO BARRANCA STORM DRAIN (C80) (80) Written Communications: Report dated December 4, 1984, from the Director of Public Works, forwarding results of bids submitted for the Via Sonora/Paseo Barranca Drainage Improvement Project. The project was readvertised as authorized by Council on October 16, 1984. The report recommended an award of the bid in the amount of $12,840, and requested a budget amendment to transfer $8,000 to Account 06-476-508 from the Major Street Repairs Account, since budgeted funds were insufficient to cover all construction, staking, inspection, and administrative costs. Award of Bids: It was moved by Councilman Buchheim, seconded by Councilman Friess, and unanimously carried to award the contract for the Via Sonora/Paseo Barranca Drainage Improvement Project to the lowest responsible bidder, Cappello Construction Company of San Juan Capistrano, in the amount of $12,840; to reject all other bids; and, to authorize the Mayor and City Clerk to execute the document on behalf of the City. A budget amendment transferring $8,000 from Major Street Repairs to Account 06-476-508 was authorized. RECESS AND RECONVENE Council recessed at 8:29 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:36 p.m. -15- 12/4/84 ___ 386 ADMINISTRATIVE ITEMS CITY MANAGER 1. AMENDMENTS TO CLASSIFICATION AND COMPENSATION PLANS (66) Written Communications: Report dated December 4, 1984, from the Senior Administrative Assistant, advising that pursuant to adoption of the 1984-85 Fiscal Budget, specifications for several new positions authorized and funded by Council were developed; further, that pursuant to Memoranda of Understanding agreed to for Fiscal Year 1984-85, amendments to the City's Compensation Plan were required to provide salary increases for certain classifications, effective January 1, 1985. Approval of Amendments to Classification and Compensation Plan: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the following Resolution be adopted: - A N JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NOS. 82-9-21-4 AND 84-7-17-9, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLANS The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: None The Resolution amended the Personnel Classification Plan by deleting the Assistant Building Official classification; and, by adding classifications for Legal Secretary, Accountant, Graphic Illustrator, and Senior Building and Grading Engineer. CITY CLERK 1. PUBLICATION OF ORDINANCE SUMMARIES: (20) Written Communications: Report dated December 4, 1984, from the City Clerk, advising that pursuant to provisions of Government Code Section 36933, the City may publish a summary of a proposed Ordinance or Ordinance amendment, instead of publishing the entire Ordinance 15 days after its adoption. The report set forth specific requirements and recommended use of the -16- 12/4/84 387 - summary procedure as a cost-saving measure which could be used based on the length of the Ordinance and the amount of possible cost savings to the City by not publishing an Ordinance in its entirety. The report further recommended that the City Attorney or his designee be appointed to prepare the Ordinance summary. Approval of Ordinance Summaries: It was moved by Councilman Buchheim, seconded by Councilman Schwartze, and unanimously carried to approve the publication of Ordinance summaries as an alternative to publishing the complete text; and, to appoint the City Attorney or his designee to prepare such summaries. 2. AFFIRMATION OF LOCAL APPOINTIVE LIST FOR COMMISSIONS, BOARDS, AND COMMITTEES (23) Written Communications: Report dated December 4, 1984, from the City Clerk, forwarding the lists of Commission, Boards, and Committees prepared pursuant to Government Code Section 54974. The report advised that when a vacancy occurs on the Local Appointive List, a Vacancy Notice is prepared and posted at the official posting places; i.e., City Hall, the Old Fire Station Recreation Complex, the Library, and the City Clerk's Department within 20 days after the vacancy occurs. Affirmation of Local Appointive Lists: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried to affirm the lists of Commissions, Board, and Committees as submitted and to concur with the posting of Vacancy Notices at the three official posting places in the City, as well as in the City Clerk's Department. CITY ATTORNEY 1. GLENDALE FEDERAL QUITCLAIM OF OPEN SPACE LAND DEED (73) Written Communications: (85) Report dated December 4, 1984, from the City Attorney, forwarding a proposed deed from Glendale Federal Savings and Loan Association, quitclaiming to the City the area known as the North Public Lands, pursuant to a litigation agreement reached in 1978 calling for a two-stage grant of open space lands. The report advised that the deed was consistent with the litigation agreement with an exception extending "Use Restrictions" to the year 2000 rather than 1990; Glendale Federal requested the extension due to delays that have occurred in development of the property. The report further advised that Glendale Federal indicated by letter that it will consent to the City's proposal for construction of a cable tower on the North Public Land by Storer Cable TV. -17- 12/4/84 The City Attorney advised that an executed copy of the deed had not been received from Glendale Federal and recommended that the Mayor and City Clerk be authorized to execute the deed upon receipt. Acceptance of Deed: It was moved by Councilman Friess, seconded by Councilman Bland, and unanimously carried to approve the Deed for _ Acceptance upon receipt; to authorize execution of the Deed and its recordation. DIRECTOR OF ADMINISTRATIVE SERVICES 1. STATUS REPORT - CABLE TELEVISION RATE INCREASE (STORER) (43) Written Communications: Report dated December 4, 1984, from the Director of Administrative Services, advising that the Cable Communications Policy Act of 1984 (HR 4103/5.66) will become effective January 1, 1985; that pursuant to the Act, within two years basic cable television service rates will be deregulated and the City will no longer have authority over those rates. The report further advised that during the two years prior to complete deregulation cable operators can increase rates up to 5% per year without approval of the franchising authority. The report forwarded a notice from Storer Cable Communications advising that effective January 1, 1985, their basic rate will be increased 5%; the rate for San Juan Capistrano subscribers will increase from $10.00 per month to $10.50 per month. With the concurrence of Council, Mayor Hausdorfer ordered the report received and filed. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. RESIDENTIAL ALLOCAT (85) Written Communications: Report dated December 4, 1984, from the Director of Community Planning and Development, recommending an amendment to the Residential Allocation Schedule to allocate 274 permits for the year 1985 to the William Lyon Company to implement construction of Tract 12276, Capistrano Pointe, located at the corner of Camino Las Ramblas and the I-5 Freeway. Approval of Allocation Schedule Adjustment: It was moved by Councilman Schwartze, seconded by Councilman Bland, and unanimously carried to adjust the adopted Residential Allocation Schedule by allocating 274 permits for 1985 to the William Lyon Company. A Public Hearing will be scheduled for the meeting of January 8, 1985. -18- 12/4/84 DIRECTOR OF COMMUNITY SERVICES 1. QUARTERLY ACTIVITIES REPORT, SUMMER 1984 (62) Written Communications: Report dated December 4, 1984, from the Director of Community Services, forwarding the Community Services Activities Report for the Summer of 1984. With the concurrence of Council, Mayor Hausdorfer ordered the report received and filed. COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION 1. REPORT OF ACTIONS (67) The Report of Actions taken by the Planning Commission at their meeting of November 27, 1984, was ordered received and filed. COUNCIL ACTIONS 1. APPOINTMENT TO BOARD OF (23) Written Communications: Report dated December 4, 1984, from the Senior Administrative Assistant, forwarding the names of applicants for the vacancy on the Architectural Board of Review. Appointment of Fotis Triandafillias: Councilman Bland nominated Fotis Triandafillias. There being no further nominations, nominations were closed, and it was moved by Councilman Bland, seconded by Councilman Schwartze, and unanimously carried to appoint Fotis Triandafillias to the Architectural Board of Review. 2. APPOINTMENT TO THE CULTURAL ARTS AND HERITAGE COMMISSION (23) This item was continued to the meeting of January 8, 1985. Staff was directed to re -advertise the vacancy on the Commission. 3. APPOINTMENT TO THE MOBILE HOME PARK REVIEW COMMITTEE (23) This item was continued to the meeting of January 8, 1985. Staff was directed to re -advertise the vacancy on the Committee. -19- 12/4/84 3 904 4. APPOINTMENT TO THE ORANGE COUNTY VECTOR CONTROL DISTRICT (57) Written Communications: Report dated December 4, 1984, from the Senior Administrative Assistant, advising that the term of the City's representative to the Orange County Vector Control District will expire at the end of the year and forwarding the District's request for either reappointment of the current representative, Jarold Cole, or appointment of a successor. Reappointment of Jarold Cole to Vector Control District: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried to reappoint Jarold Cole as the City's representative to the Orange County Vector Control District for the next two-year term of office ending December 31, 1986. COUNCIL REMARKS 1. COMMENDATION (36) Mayor Hausdorfer expressed his appreciation to City staff members for their efforts during the year and extended best wishes for the holidays. 2. SISTER CITIES (34) Councilman Schwartze expressed his appreciation for assistance received from City Personnel and the newspapers during the November 12, 1984, visit of residents from Mallorca. 3. CITY HALL MASCOT (34) Councilman Buchheim stated he will miss the City's mascot, Biff, advising of the cat's recent death due to feline leukemia. 4. SWALLOWS DAY (FIESTA ASSOCIATION) (61) Councilman Friess noted a memorandum regarding the use of alcoholic beverages during the Swallows Day Parade, and there was a consensus of Council that a report be submitted for consideration in January. Mayor Hausdorfer advised that he would be meeting with Ilse Byrnes and Mac McDowell on the matter. -20- 12/4/84 3�)1 5. SOUTH COUNTY JAIL SITES (58) Councilman Friess noted a letter from Mayor Hausdorfer to Supervisor Riley regarding possible jail sites in the South County area and requested a copy of the applicable Los Angeles Times newspaper article. Mayor Hausdorfer advised that a study had identified two possible jail sites in the vicinity of the City and cited a lack of notification from the County. CODE ENFORCEMENT (67) Councilman Bland received clarification regarding a 10 -foot (25) dish antenna located on top of the San Juan Saloon; use of flags and penants for advertising in the Santa's Village area; and use of Sale signs at E1 Peon on the weekends. 7. BICYCLE SAFETY (87) Councilman Bland requested that the Traffic and Transportation Commission review the bridge sidewalk on the westbound Del Obispo crossing of San Juan Creek in terms of improving motorists awareness of the narrowing of the road; i.e., installation of reflectors or signing. B. PATROL OF BICYCLE BRIDGE/DESCANSO PARK (87) Councilman Bland advised of input received regarding loitering and subsequent problems encountered on the bicycle bridge over San Juan Creek in the afternoons and requested Sheriff patrol of the area. 9. CABLE TELEVISION OUTAGES (43) Mayor Hausdorfer noted a memorandum received regarding causes of outages on the Storer Cable TV system and advised that such information was useful to Council. 10. CITY REPRESENTATION AT PRESIDENTIAL INAUGURATION (34) Mayor Hausdorfer advised that he had been invited to attend President Reagan's inauguration on January 23, 1985, and it was moved by Councilman Schwartze, seconded by Councilman Bland, and unanimously carried to authorize the Mayor's trip and expenses on behalf of the City. CLOSED SESSION Council recessed to a Closed Session at 9:02 p.m., for discussion of personnel and legal matters, the City Clerk being excused therefrom, and reconvened at 10:02 p.m. -21- 12/4/84 There being no further business before the Council, the meeting was adjourned at 10:02 p.m., to the next regular meeting date of Tuesday, December 18, 1984, at 7:00 p.m., in the City Council _ Chamber. That meeting will be adjourned due to a lack of quorum; the next Council meeting will be held on Tuesday, January 8, 1985. Respectfully submitted, MARY ANN PANOVER, CITY CLERK ATTEST: -22- 12/4/84